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Resolution 5025 - Preliminary Plat - Hutton Ranch PlazaRESOLUTION NO.5025 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF HUTTON RANCH PLAZA, MORE PARTICULARLY DESCRIBED AS ASSESSORS TRACT 3 AND A PORTION OF ASSESSOR'S TRACT 4G LOCATED IN SECTION 31, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Hutton Ranch Plaza Associates LLC, the owner of the certain real property described above, has petitioned for approval of the Subdivision Plat of said property, and WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on June 14, 2005, on the proposal and reviewed Subdivision Report 4KPP-05-12 issued by the Tri-City Planning Office, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of .Hutton Ranch Plaza, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of July 5, 2005, reviewed the Tri-City Planning Office Report #KPP-05-12, reviewed the recommendations of the Kalispell City Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Tri-City Planning Office Report #KPP-05-12 are hereby adopted as the Findings of Fact of the City Council. SECTION IL That the application of Hutton Ranch Plaza Associates for approval of the Preliminary Plat of Hutton Ranch Plaza, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the planned unit development as approved by the city council. (Kalispell Subdivision Regulations, Appendix C Final Plat) 2. That the plans and specifications for all public infrastructure be designed and in accordance with Kalispell* s Standards for Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department_ (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). 3. A letter shall be submitted with the final plat from an engineer licensed in the state of Montana certifying the improvements have been constructed in accordance with the approved plans and specifications. As built drawings shall be submitted to the Kalispell Public Works Department prior to final plat submittal for the completed infrastructure. A letter from the public works department shall accompany the engineer's certification stating that this condition has been met or otherwise adequately addressed (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01) 4. The proposed development area within the site shall be substantially the same as indicated on the preliminary site plan submitted with the application or as modified by these conditions. 5. That the internal access road at the southwest portion of the site providing access to the property to the south be constructed as a frontage road and that the parking along the frontage road be eliminated. The road design shall be coordinated through the Kalispell Public Works Department. (Site Development Review Committed 6. The following requirements shall be met per the Kalispell Fire Department: (Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. C. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. It should be noted that hazardous weed abatement small be provided in accordance with City of Kalispell Ordinance 10-8. C. Street naming shall be approved by the fire department. 7. A plan shall be developed and in place that addresses the grading, revegetation, irrigation and maintenance of the undeveloped areas that creates a weed free, dust -free area until such time as that phase is fully developed prior to construction. 8. That a comprehensive traffic impact study be completed which identifies all expected traffic impacts and proposals for mitigation, and that appropriate approach permits be obtained from the Montana Department of Transportation and the City of Kalispell. 9. That pedestrian walkways be provided as indicated on the site plan that provide a continuous and connected system with the existing walkways along Highway 93 including a sidewalk on both sides of the main entrance road separated by a minimum five foot landscape buffer. 10. That landscaping be completed in substantial compliance with the plan that was submitted and would be subject to review and approval by the Parks and Recreation Department. This would include landscaping along the highway, internal public street, internal access road, parking lots and common areas. 11. That the use of retaining walls in excess of four feet tall be avoided, but rather the implementation of landscaped terracing be used to make the transition in areas with the steepest grades. 12. The list of materials and exterior building treatments that was part of the application for the final development of the buildings be included in the development agreement with the City. 13. That a lighting plan be submitted which utilizes attractive lighting fixtures and a type and level of lighting not exceeding what is appropriate for its purpose. The light poles shall be limited to a maximum of 30 feet with a full cut-off lens that does not shed light above 20 degrees below the horizontal plane. No more than .5 candles of light are permitted at the edge of the site. 1.4. That the uses allowed within the development shall not include those which require areas for the display of large merchandise such as new and used automobile sales, manufactured home sales, recreational vehicle sales and lumberyards. This would not preclude incidental events associated with the other businesses on the site. 15. That the theatre and hotel proposed for the eastern portion of the site shall not exceed 60 feet in height from the highest point of the gable or parapet wall. 16. That the refuse areas be adequately screened from public view. 17. That a good faith effort be made by the developer to provide access to the property to the north to provide connectivity between the sites. 18. That the covenants be recorded and made apart of the development agreement with the city to insure maintenance of common areas within the development and which grant cross easement access between the lots and throughout the development for parking, access and utilities. 19. That the phasing and timing of the development shall occur as proposed. Bonding for the proposed infrastructure and improvements or other acceptable means of insuring that the improvements will be completed as proposed shall be provided by the developer. 20. The developer and City of Kalispell shall execute a development agreement based on terms and conditions included in the planned unit development. SECTION III. Upon proper review and filing of the Final Plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 5TH DAY OF JULY ATTEST: Theresa White City Clerk lvxuy vI